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HomeMy WebLinkAbout08 FY2011 HOMELAND SECURITY GRANT PROGRAM (HSGP)1TY O �4 ` GE IF MEETING DATE: JULY 16. 2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: SCOTT M. JORDAN, CHIEF OF POLICE Agenda Item 8 Reviewed: City Manager 06 SC4 jr_� Finance Director NIA SUBJECT: FY2011 HOMELAND SECURITY GRANT PROGRAM (HSGP) SUMMARY The Orange County Sheriff - Coroner Department (Sheriffs Department), acting on behalf of the Orange County Operational Area, has applied for, received and accepted a grant entitled "FY 2011 Homeland Security Grant Program" (HSGP). This grant is from the State of California, acting through its California Emergency Management Agency, to enhance county -wide emergency preparedness and to help the Operational Area prevent, respond to, and recover from acts of terrorism, as set forth in the grant guidelines and assurances that are incorporated into this Agreement by reference. The California Emergency Management Agency has awarded $4,938,238 to the County of Orange (Sheriff's Department) for use in the Orange County Operational Area, for the term of November 18, 2011, through April 30, 2014. The funds are now available for distribution throughout the Operational Area, and the City of Tustin, as a Sub - Recipient, is authorized to participate in the grant funding. RECOMMENDATION It is recommended that the City Council: • Adopt Resolution #13 -54 designating the Chief of Police or his designee as the City's authorized representative for the FY 2011 HSGP. • Approve the FY 2011 HSGP Transfer Agreement between the County of Orange and the City of Tustin. FISCAL IMPACT There will be no impact on the General Fund. BACKGROUND /DISCUSSION HSGP supports the implementation of state Homeland Security Strategies. Locally, the grant funding is coordinated through the Orange County Sheriffs Department on behalf of the Operational Area. There is no direct funding to the City of Tustin, and benefits from the grant are received through the allocation of equipment and training. FY2011 Homeland Security Grant Program (HSGP) July 16, 2013 Page No. 2 of 2 As a result of being a Sub - Recipient in past years, the City of Tustin has received Personal Protective Equipment consisting of Haz -Mat suits, Air Purifying Resuscitation Masks and our own fitting machine for the masks. In addition, we have been issued radiological monitors and training associated to the response against radiological, chemical and biological attacks. Much of this equipment is perishable and as it degrades, has to be replaced. The same is true of training that has been presented over the years. As new techniques, tactics and methods are deployed, contemporary training is required. Being a Sub - Recipient to the grant affords the City of Tustin equipment and training to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. ff 4 D, SCOTT M. JOROKIN STEPHEN D. WIS, Captain Chief of Police Administrative Bureau Commander Attachments: 1. Agreement (Sub- Recipient: City of Tustin) 2. Resolution No. 13 -54 1 2 3 4 5 6 7' 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT NO. 1 AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2011 HOMELAND SECURITY GRANT PROGRAM PURPOSES THIS AGREEMENT is entered into this day of 201_, which date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY ", and a (municipal corporation/special district/not -for- profit corporation), hereinafter referred to as " SUBGRANTEE." WHEREAS, COUNTY, acting through its Sheriff- Coroner Department in its capacity as the lead agency for the Orange County Operational Area, has applied for, received and accepted a grant from the State of California, acting through its California Emergency Management Agency, to enhance county -wide emergency preparedness, hereinafter referred to as "the grant', as set forth in the grant documents that are attached hereto as Attachments A (FY 11 CA Supplement to Federal Program Guidelines), B (2011 Homeland Security Grant Programs) and C (FY 11 Grant Assurances) and incorporated herein by reference. WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant purposes. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: t. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon after acquisition by COUNTY as is reasonably practicable. 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said I grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and/or to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the authorized agent. 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or services acquired with grant funds only for those purposes permitted under the tenns of the grant, and shall make it available for mutual aid response. 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired with grant funds fi-om damage or destruction and shall provide regular maintenance and repairs for said equipment as arc necessary, in order to keep said equipment in continually good working order. Such maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for material and labor costs for any maintenance and repair of the said equipment throughout the life of the said equipment. 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies and/or services to include but not limited to upgrades, licenses and renewals of said equipment, technologies and/or services. 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant- funded equipment only in accordance with the instructions of COUNTY. 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their elected and appointed officials, officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with SUBGRANTEE's use of grant- funded equipment, technology or services and SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims and losses accruing or resulting to any person, fine, or corporation who may be injured or damaged by SUBGRANTEE in SUBGRANTEE's use of grant- funded equipment, technology or services and SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto. 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 2 of 4 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 immediately upon discovery that it has not abidcd or no longer will abide by any applicable provision Attachments A, B and C hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the Statc Auditor Gcncral with respect to this Agreement for a period of three years after final payment I hereunder. 10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express I written consent of COUNTY. 12. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours. 13. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. I DATED: APPROVED AS TO FORM: COUNTY COUNSEL SO Nicole A. Sims, Deputy DATED: 201_ I DATED: ATTEST: By City Clerk DATED: 201 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security 201_ COUNTY OF ORANGE, a political subdivision of the State of California M Sheriff - Coroner "COUNTY" SUBGRANTEE Lo M Page 4 of 4 ATTACHMENT NO. 2 RESOLUTION NO. 13 -54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING THE CHIEF OF POLICE OR HIS DESIGNEE AS THE CITY'S AUTHORIZED REPRESENTATIVE FOR THE FY 2011 HOMELAND SECURITY GRANT PROGRAM (HSGP) WHEREAS, The Orange County Sheriff - Coroner Department (Sheriff's Department), acting on behalf of the Orange County Operational Area, has received authorization to begin spending of FY 2011 Homeland Security Grant Program ( "HSGP ") funds; and WHEREAS, The City of Tustin may seek reimbursement from the Sheriffs Department related to the City's participation in the programs and activities associated with this grant program; and WHEREAS, The City of Tustin may receive Equipment and Services from the Sheriff's Department related to the City's participation in the programs and activities associated with this grant program; and WHEREAS, The Sherriff's Department has requested the City to designate an authorized agency representative who will be responsible for administration of the program NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin that the Chief of Police or his designee is hereby authorized to execute for and on behalf of The City of Tustin, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub - granted through the State of California. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 16`" day of July 2013. ELWYN A. MURRAY, Mayor ATTEST: JEFFREY C. PARKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 13 -54 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 16th day of July 2013 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER, City Clerk